中国法虽然在相当程度上汲取、嫁接和移植了大陆法系与英美法系的法制度和法技术,但仍有其自身的明显特色,即它是在计划经济时代的背景下为解决国家机关、公民、法人、企事业单位之间的纷争作为社会性手段而发展起来的。在计划经济迈向市场经济之时,国家在有计划地培养懂法用法的官僚人才(包括法官、检察官)时,但忽视了对律师的培养。因此,中国便没有西欧意义上的法律家。它给人们留下了一个认识上的烙印,即法是统治者为统治国民而使用的工具,法的实施是由治者“垄断”的,而受治者所能够做的仅是向治者寻求救济和 Although the Chinese law draws, grafts and transplants the legal systems and techniques of the civil law system and the Anglo-American law system to a certain extent, it still has its own obvious characteristic that it is a solution to the problem of state organs in the context of the planned economy The disputes among citizens, legal persons and enterprises and institutions have developed as social means. When the planned economy moves towards a market economy, the state ignores the cultivation of lawyers when it plans to train bureaucrats (including judges and prosecutors) who understand the usage of law. Therefore, China does not have a lawyer in the Western European sense. It leaves people with a sense of imprinting that law is a tool that rulers use to rule their nationals. The implementation of the law is monopolized by the rulers, and the rulers are able to do only the Seek relief and